When it comes to hemp-derived THC products in convenience stores, retail decisions require balancing the legal landscape with operational controls.
That advice comes from Jonathan Havens, managing partner in Saul Ewing’s Baltimore office and chair of the firm’s regulatory and compliance practice. Havens, who specializes in cannabis-related legal issues, spoke at CSP’s Cannabis Forum March 23 in Lombard, Illinois.
When it comes to selling hemp-derived cannabis products, Havens said it’s important to have a retail THC compliance checklist, which includes the following:
- Verify state legality
- Vet brand compliance and insurance
- Implement point-of-sale (POS) age-gating
- Train store staff
- Establish product removal protocol
- Monitor regulatory changes monthly
Havens said the real battlefield is state law.
“THC caps vary widely by state,” he said, adding that age restrictions and registration requirements differ.
With consumers already buying hemp-derived THC products in many retail channels, Havens said retailers are being forced to make decisions in real time.
“Regulation is evolving and enforcement is inconsistent,” he said.
Havens said that this environment forces retailers to ask: “How do we operate responsibly in a legally uncertain environment?”
Havens outlined three retail regulatory approaches:
- Wait‑and‑see retailer: holds off until federal clarity emerges
- Cautious entrant: sells only low‑risk formats like beverages in permissive states
- Opportunistic retailer: sells broadly unless explicitly prohibited
“Each approach reflects different corporate risk tolerance,” he said.
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